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TOPIC: ESA to WRAG

Hello folks,
A brief history,at the beginning of January 2013 I attended two ATOS assessments. The first assessment was suddenly stopped after 45 minutes because the so called health professional couldn't understand my health problem regarding sudden loss of vision. ATOS didn't inform the DWP of this cancelled appoint,no records at DWP etc.

The second appointment was carried out by a doctor. I informed the doctor I would be requesting a copy of the medical report. No matter what I did various phone calls to different DWP departments requesting a copy of the ESA 85 seemed to fall on deaf ears! The reason for so many phone calls was because the DWP/call centre staff claimed it wasn't their problem and that I needed to phone Blah,blah,blah etc.

I even handed my written request for the ESA 85 to a DWP employee at the local jcplus department. The letter was addressed to the ESA manager,however,the DWP employee stated she had the right to open the letter. Whilst the letter was being opened the employee was accompanied by two GS4 security guards. I then watched as the employee walked over to a cupboard and placed the letter inside. I assumed the letter was shortly thrown into a bin as I never recieved my copy of the medical report.

I waited several weeks and still hadn't recieved the report. I did however recieve a letter informing me that I'd been removed from ESA and I had to sign on for jsa,included in the letter was a p45.At this stage I sent an appeal request iirc it was a GL24 form. Wow,this form set the wheels in motion. I recieved a call from a decion maker this was in April 2013,I thought decision makers weren't used until later in the year.

I again asked for a copy of the medical report and finally I recieved the report. I'd scored 0 points etc.During the DM call I explained my situation and didn't expect to recieve good news. A few weeks later and a letter arrived. I had been successful and had been placed into the support group.

I have recently been assessed(July 2016) again! And have been placed in the WRAG group,at this moment in time I don't have the ESA 85 report or a written explanation of reasons for the decision.

The letter simply states "Following a recent change".

The decision was made on the 26 July,the letter is dated 28 july,I recieved the letter on the 3rd of August. The ESA has been lowered by around eight pounds a week.
My question is? Are the DWP allowed to chage the payment without prior warning?

I'm not disputing the reduction,I'm currently requesting a Mandatory recondsideration as my condition (I'm sure youv'e heard this a thousand times or more)has got worse,not better. The DWP havn't at this moment in time provided the documentation I need to make an appeal! Or argue the DM decision.

My point is are the DWP not required to give claimants an advanced warning of a benefit payment change? Ie. How is one supposed to budget for living expenses,monthly direct debits etc . When the monetary change has been applied before notifying the claimant!

I've normally received an advanced written warning about payment changes in the past.

When a Decision on your claim is made you should receive a Decision Letter explaining what the new Decision is and when it applies from and a new entitlement letter which should explain what your payments will be as a result of the Decision.

So you should have received notice, but not receiving the notice does not prevent your payments being changed, otherwise there would be a risk of a recoverable over payment.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

I received a standard DWP letter albeit the following was in bold. "Your claim for
ESA and A Change in the ESA rate payable" We have looked at your claim again following a recent change...

Then the letter stated following a recent change : your ESA will change from...26/July/2016
No explanation of the recent change in my condition was included in the letter! Clearly this is a deny/delay/distraction technique.

The letter is dated 28 July 2016. The new ESA reduction rate will take affect from the 26 July 2016. I received this letter on the 3rd of August.

I understand about the over payment protocol,however, the DWP have not I.m.o taken into consideration the time it takes to either request a mandatory recondsideration or an appeal!